Hobbs v. Herman Grocery Co. ( 1916 )

Cook, P. J.,

delivered the opinion of the court.

We think that the jury would have been warranted in Believing that the Herman Grocer Company bought the peas from Hobbs & Buck. If that be true, the Herman Grocer Company became the debtor of Hobbs & Buck. It selected its creditor, and the creditor accepted its debtor. In this state of the case, section 4784, Code of 1906,- has no application, and the trial court erred in directing a verdict for defendant.

Reversed and remanded.